Legal Question in Wills and Trusts in New Jersey

legal question

my mother passed away 12 years ago. she was buried in a new jersey cemetary. my father is the owner of her plot. I was 15 when she died,now age 27. My father is now estranged from the family. I never visited my mothers gravesite because it was too painful for me but 2 years ago I got up the courage to do so and went to the cemetary. When I go there, I did not see my mothers headstone, so I went to the office at the cemetary. The cemetary then told me that my father had signed a sworn affidavit that there were no next of kin, so that he could have my mother dug up and cremated. I was devasted and emotionally distraut over this and I still am. I know my father did this out of revenge but my question is: Does the cemetary or my father have any legal responsibility for doing such a heartless and disturbing act? I am now pyschological damaged due to this and would like to know if I have any rights to sue for emotional distress caused by either my father's lie or is the cemetary responsible for making sure this was the truth that my father claimed. Pleas inform. Thank you!


Asked on 1/27/02, 7:57 pm

1 Answer from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: legal question

You may have an action against your father for the intentional infliction of emtional distress or fraud.

Daniel Clement

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Answered on 1/28/02, 10:19 am


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